Private Sales
Private sales of guns in Florida are legal and the transaction does not need to be processed through a licensed dealer as in some other states.
Florida law allows counties to require background checks and a 3 – 5 day waiting period when firearms are sold on property the public have access to such as a gun show. However, these local laws cannot be applied to concealed carry permit holders.
Florida Constitution, Art VIII Sec. 5(b)
Preemption
Local authorities are prevented from passing laws regulating firearms by the Florida Preemption Statute. This was in the past mostly ignored by city and county authorities due to a lack of penalties until 2011.
In 2011 the Florida Legislature passed a law imposing penalties on anyone who violated the preemption statute. The penalties ranged from termination of employment, fines, removal from office and more.
Florida has a Stand Your Ground and Castle Doctrine Law. The Stand Your Ground law was enacted in October 2005 making Florida a “No Duty to Retreat” state. If a person is in a place “where they have the right to be” and they consider themselves at risk of bodily harm or death then they can use deadly force to protect themselves. This law applies to residents and visitors to the state and does not require them to retreat if threatened.
A person who uses this law is immune from criminal prosecution or any civil law suite and cannot be arrested by the authorities. Furthermore, if a civil law suite was brought against the person and the court ruled in their favor they would be awarded all cost associated with their defense.
